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Such offers might be more appropriately put as offers under Part 36 of the Civil Procedure Rules.

A pre-litigation proposal

Simply using the phrase 'this is an open letter' will suffice. However, the rule is not limited to letters and other written communication. Typically before a defendant has answered the suit, or made a motion in the case, a plaintiff may file for "dismissal without prejudice" more easily and may do so for tactical reasons such as filing in a different jurisdiction. For instance, if a payment is due and owing, be it for a good or service rendered or in satisfaction of a legacy payable to a beneficiary under a Will, the payment can be made with prejudice in order to put the full amount and a particular issue to rest forever and a day, even if there are other issues or payments to settle. It is founded upon the public policy of encouraging litigants to settle their differences rather than litigate them to a trial.

For example this might include an offer, a concession or an admission for the purpose of achieving settlement but which would not be openly expressed. However, the rule is not limited to letters and other written communication. It applies to oral communication including discussions in meetings where such negotiations are genuinely aimed at settlement.

without prejudice.
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Its application is not limited to offers and counter offers. The rule applied to the statements made by the parties during the meeting which was a genuine attempt to reach settlement. To dissect out identifiable admissions would create huge practical difficulties and would be contrary to the objective of giving protection to the parties.

Mentioned in These Terms

Law phrase: Without abandonment of a claim, privilege, or right, and without implying an admission of liability. You must always make every decision without prejudice so that you are making the smartest decisions based on the facts. Since his legal charges had been dismissed. The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from.

The protection will not apply if the communication is part of dishonest, fraudulent or criminal acts. The communications might also lose protection if after a settlement has been reached it is necessary to consider those communications to establish whether settlement has actually been concluded and its basis and reasonableness or to explain a delay in proceedings.

None of these circumstances applied in this case and the protection of the rule should have continued.

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In the circumstances of this case we decided that the potential damage did not justify the application. It is always advisable to seek legal advice before seeking to rely on this rule to ensure that you are able to claim the protection from it. If you would like any further guidance on this or have any queries, then Talk to Tollers.

Definition of 'without prejudice to'

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The Without Prejudice Rule. Northampton Office People mentioned: